VidhiSangh

Supreme Court of India · 31/01/2022

DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION versus KALAWATI PANDURANG FULZELE

[2022] 1 S.C.R. 399 · 2022 INSC 125

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Summary

A sweeper employed on a fixed monthly honorarium had obtained reinstatement with back wages after her termination was held to breach retrenchment requirements. Considering the contractual appointment, approximately four years of service, and absence of specific allegations or findings of unfair labour practice, the Court substituted ₹3 lakh compensation. The employer’s appeal was partly allowed, with payment directed within four weeks.

Issues

  1. Whether reinstatement with back wages was the appropriate remedy in the particular circumstances of the sweeper’s contractual employment.

Held

Result

Appeal partly allowed; reinstatement and back wages replaced by ₹3 lakh compensation payable within four weeks. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 399.